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(영문) 의정부지방법원 고양지원 2016.12.15 2016고단3011

사기

Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 18, 2012, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud, etc. at the Goyang Branch of the Jung-gu District Court on April 18, 2012, and the above judgment became final and conclusive on April 26, 2012. On October 9, 2012, the above judgment was rendered on October 17, 2012 after a two-year suspended sentence of imprisonment for a crime of fraud was sentenced to a two-month suspended sentence of imprisonment for a three-month period for a crime of fraud. On July 24, 2014, the judgment became final and conclusive on October 20, 2014 with a two-month sentenced to imprisonment for a crime of fraud at the Jung-gu District Court on December 19, 2014, and the above judgment became final and conclusive on December 16, 2014. < Amended by Act No. 12839, Oct. 16, 2014>

【Criminal Facts】

On September 27, 2013, the Defendant made a false statement that “The Defendant would have a victim E be awarded a successful tender for a F apartment management Dong childcare center” at the 9th floor D office of the building in Seongbuk-gu, Sungnam-si, Seoul. In addition, the Defendant paid KRW 10 million as an intermediary fee. If the Defendant fails to receive a successful tender, the Defendant would have a responsible and return money.”

However, even if the defendant received money from the victim, he did not have an intention or ability to return the money that the victim would receive or received, because he thought to use it for personal purposes, such as living expenses.

Around September 28, 2013, the Defendant acquired 10 million won from the victim to the post office account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Inquiry into the results of transfer management;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of previous records of the same kind), and application of Acts and subordinate statutes to investigation reports (report on attachment of related cases);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;